Southern Hotel Co. v. Newman
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The court required an impossibility. It was impossible for the defendant to produce a record that did not exist, or to account for the absence of a record that never had' an existence.
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Appeal from, St. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The court required an impossibility. It was impossible for the defendant to produce a record that did not exist, or to account for the absence of a record that never had' an existence. It was competent for the defendant to prove by the corporators, or any one of them, facts which directly and by virtue of the provisions of the charter came within their knowledge, and of which there was no record evidence. Plaintiff’s evidence showed that there was no organization prior to February 10,…
1Opinion of the CourtEwiNG, Judge
The question in this case arises upon the offer of the appellant, (who was a subscriber to the capital stock of the Southern Hotel Company,) to prove by one of the corpora-tors, Joseph Chambers — who was also a member of the first board of directors — that the subscription list, on which the witness’ name appears as a subscriber for one hundred shares and that of the appellant for five shares, was opened and completed prior to the month of October, 1856 ; and that the said subscription was afterwards abandoned and annulled by the said corporators. This ‘evidence, on the objection of the…
2Cases cited1 opinion
- Loughborough v. BlakeSupreme Court of the United States · 1820
3Cited by6 opinions
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Leckie v. BennettMissouri Court of Appeals · 1911
- Norwich Lock Manufacturing Co. v. HookadaySupreme Court of Virginia · 1893
- First National Bank v. North Missouri Coal & Mining Co.Supreme Court of Missouri · 1885
- Beach v. StoufferMissouri Court of Appeals · 1900
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